Câmaras administrativas de mediação e conciliação e sua implantação na solução de controvérsias.

Abstract

The crisis in the Judiciary reflected in the congestion of legal proceedings in progress brings out the need to implement adequate mechanisms responsible for allowing the parties to resolve their conflicts without necessarily submitting the divergence to the judicial solution. Influenced by the alternative instruments for the settlement of civil disputes, the CPC/15 and Law 13,140/15 bring in several of their provisions the incentive to consensual, in order to achieve not only the end of the conflict, but also the satisfaction of the parties with the solution of civil disputes. The State could not be left out of this rule, given the leading role it plays in the number of cases being processed in the Judiciary. In this context, the legislation made available several instruments for the consensual solution of conflicts involving the State. Among these instruments, the Public Committee for Mediation and Conciliation stand out, created within the scope of the Federal Government, the States, the Capital and the Cities. The Procedure Civil Code and the Mediation Law provide general provisions for the implementation of the Committee, leaving it to the federative entities to regulate specific issues. However, the use of this mechanism is still timid, which makes it necessary to study the topic in order to remove false barriers used to prevent the implementation of Committees and facilitate the regulation of this instrument by the States and the Cities.